Telangana High Court
Guguloth Rajesh vs The State Of Telangana on 8 January, 2024
HONOURABLE SMT JUSTICE T. MADHAVI DEVI
CRIMINAL PETITION Nos.6665 & 7278 OF 2023
COMMON ORDER:
In these Criminal Petitions, filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), the petitioners, who are arrayed as accused Nos.1 to 4, are seeking quash of the proceedings against them in C.C.No.808 of 2022 on the file of the Court of Junior Civil Judge, Dharmapuri.
2. In both the Criminal Petitions, the case of the petitioners is that there was only a proposal to perform the marriage of the daughter of the defacto complainant/respondent No.2 herein with the petitioner in Criminal Petition No.6665 of 2023/accused No.1. However, the said proposal was refused and there was no engagement or any sort of agreement between the parties, but, without any basis a complaint has been registered against the petitioners herein.
3. It is submitted by learned counsel for the petitioners that the petitioner in Criminal Petition No.6665 of 2023 has been selected to the TMD, J Crl.P.Nos.6665 & 7278 of 2023 2 post of Inspector of Police and only due to the pendency of the present crime against him, he is unable to go for the training.
4. Learned counsel for respondent No.2/defacto complainant submitted that there was engagement between the daughter of the defacto complainant and accused No.1 and the defacto complainant has given a sum of Rupees One lakh as dowry at the time of engagement. He further submitted that the trial is in progress before the trial Court and the witnesses who were examined till now have deposed about the said engagement between accused No.1 and the daughter of the defacto complainant. He seeks time to file counter-affidavits in both the Criminal Petitions.
5. It is noticed by this Court that in both the Criminal Petitions, notices were served on respondent No.2/defacto complainant in the months of July and August, 2023 and the respondent No.2 has entered appearance in the month of September, 2023, but he has not chosen to file counter-affidavit till now and since the issue herein is covered by the orders of this Court and also of the co-ordinate Bench at Karnataka, this Court is not inclined to grant any further time to the learned counsel for respondent No.2 to file counter-affidavit.
TMD, J Crl.P.Nos.6665 & 7278 of 2023 3
6. In view of the fact that the issue involved in this case is already covered by the judgment rendered by a Co-ordinate Bench of this Court in Criminal Petition No.5706 of 2019, dated 23.8.2022, wherein the decision of a Co-ordinate Bench of High Court of Karnataka in the case of Sri Venkatesh and others Vs. State of Karnataka and Smt Gulzar GP 1 has been taken into consideration, and it was held that a promise of marriage and breach thereof- will not attract the provisions of Sections 417 and 420 IPC, this Court is inclined to quash the proceedings in the aforesaid C.C. against the petitioners herein.
7. Accordingly, both the Criminal Petitions are allowed. The proceedings against the petitioners in C.C.No.808 of 2022 on the file of the Court of Junior Civil Judge, Dharmapuri, are hereby quashed.
8. Pending miscellaneous petitions, if any, in these Criminal Petitions shall stand closed.
___________________________ JUSTICE T. MADHAVI DEVI 08.01.2024 dr 1 2022 Livelaw (Kar) 24